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6. Signage <br />a. Staff the City's entryway and directional signage committee. <br />B. City's Obligations. The City agrees to provide the following services and engage in the <br />following activities in support of the Ellensburg tourism development effort: <br />1. Assign a member of the City staff to selVe as regular liaison and contact with <br />Chamber representatives in support of the implementation of this agreement. <br />2. Make payment from the City's Lodging Tax Fund to the Chamber for the provision of <br />its services based upon the budget included in 'Exhibit A -Tourism Services Budget' <br />which is made a part of this agreement. Payments for those budget items shown on <br />'Exhibit A -Tourism Services Budgef for Visitor Information Services and <br />Administration of Marketing shall be made on a monthly basis. Payment for the <br />services and products covered by this agreement shall be on a reimbursable basis to <br />the Chamber for costs incurred. Payments made by the City to the Chamber under <br />this ~greement shall in no event exceed the total amount shown on the budget in <br />'Exhibit A -Tourism Services Budget' of this agreement. <br />C. Additional Obligations. The parties further agree as follows: <br />1. The City, and any agents and employees of the City, in the performance of this <br />agreement, shall act in an independent capacity and not as officers or employees or <br />agents of the Chamber. Ukewise, it Is agreed that the Chamber, and any agents and <br />employees of the Chamber, in the perfonnance of fhis agreement, shall act in an <br />independent capacity and not as officers or employees or agents of the City. <br />2. This agreement is not assignable by either party in whole or in part without mutual <br />written agreement of the parties. <br />3 . All of the provisions of this agreement shall extend to and be binding upon and inure to <br />the benefit of the heirs, executors, administrators, successors, and assigns of the <br />respective parties hereto. <br />4. It Is mutually I.Inderstood and agreed that no alteration or variation of the terms of this <br />agreement shall be valid unless made in writing and signed by the parties hereto, and <br />that no oral understandings or agreements not incorporated shall be binding on any of <br />the parties hereto. <br />5 . Both parties agree that in fulfilling the terms and conditions of this agreement that <br />neither shall discriminate on the basis of race, creed, color, national origin, age, sex, <br />marital status, or the presence of a physical, sensory or mental handicap. <br />6. This agreement is a contract for services. The Chamber remains a private nonprofit <br />association of business and professional people, and the Chamber's acceptance of <br />this contract does not result in Chamber membership, or convey the benefits of <br />Chamber membership, to non-members. <br />7. The Chamber's membership directory, web page, displays and other Chamber <br />referral services remain the property of the Chamber and its members, and listing is <br />at the discretion of the Chamber. <br />8. The term of this contract shall be for two (2) years, from January 1, 2015 through <br />December 31, 2016. <br />9. Either party may terminate this agreement for any reason after giving ninety (90) days <br />written notice of the intent to terminate. <br />10. The Chamber and City jointly shall prepare a review of the Goals identified in Exhibit <br />B attached hereto and shall prepare an assessment report for delivery to the <br />Ellensburg City Council at the end of each calendar year of the contract. <br />Tourism Promotions Agreement -Page 3